Enforcement Directorate Government Of India vs Kapil Wadhawan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1283

K. M. JOSEPH, HRISHIKESH ROY, B. V. NAGARATHNA
Enforcement Directorate Government Of India – Appellant
Versus
Kapil Wadhawan – Respondent

Advocates appeared:
For the Appellant(s) : Mr. S. V. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Kanu Agarwal, Adv. Mr. Rajan Kumar Choursia, Adv. Mr. Annam Venkatesh, Adv. Ms. Sairica Raju, Adv. Mr. Arkaj Kumar, Adv. Mr. Zoheb Hussain, Adv.
For the Respondent(s): Mr. Kapil Sibal, Sr. Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Mr. Rohan Dakshini, Adv. Mr. Shubham Kulshreshtha, Adv. Mr. Kaustubh Singh, Adv. Ms. Kamakshi Sehgal, Adv. Ms. Pooja Kothari, Adv. Ms. Urvi Gupte, Adv. Mr. E. C. Agrawala, AOR Mr. Shrirang B. Varma, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Sarad Kumar Singhania, AOR Mr. Amit K. Nain, AOR

ORDER

This application is filed by the applicant/appellant seeking clarification of the judgment dated 27th March, 2023 passed by this Court. The relief sought in the prayer, inter alia, is as follows:-

"(I) Clarify 'Para 51' of the Judgment dated 27.03.2023 passed by this Hon'ble Court to the effect that the said judgment is only restricted to answering the issue referred to the larger bench and that several other issues which have been raised in the appeal would have to be considered by the appropriate bench of this Hon'ble Court till which time the impugned order of the High Court granting default bail, cannot be upheld by holding the same to be either correct or found to be in order."

2. Heard Mr. S. V. Raju, learned Additional Solicitor General appearing on behalf of the applicant/appellant and Mr. Mukul Rohatgi and Mr. Kapil Sibal, learned senior counsel appearing on behalf of the respondents.

3. The paragraph-51 in the Criminal Appeal Nos.701-702 of 2020 pronounced on 27.03.2023 by this Court following correction, should now read as under:-

"51. Following the above discussion and opinion, the impugned order of the High Court granting default bail to the respondents by applying

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2023 Supreme(SC) 1283

K. M. JOSEPH, HRISHIKESH ROY, B. V. NAGARATHNAEnforcement Directorate Government Of India – AppellantVersusKapil Wadhawan – Respondent

K. M. JOSEPH, HRISHIKESH ROY, B. V. NAGARATHNA
Enforcement Directorate Government Of India – Appellant
Versus
Kapil Wadhawan – Respondent